Short answer (FAQ-style)

If the account was solely in your parent’s name and not a joint account or payable-on-death (POD) account, money in that account belongs to the decedent’s estate once your parent dies. A sibling who withdraws or uses those funds before being legally appointed as the personal representative (administrator/executor) may be taking actions without authority and could be liable. You have several practical and legal steps you can take immediately to protect the estate and challenge unauthorized use.

Detailed answer — how Utah law applies and what you can do

Under Utah law, most assets in a decedent’s sole name become part of the estate on death and must be administered through probate or otherwise transferred according to Utah’s probate rules (see Utah Uniform Probate Code, Title 75). The personal representative (administrator or executor) has the legal authority to collect assets, preserve estate property, and pay valid debts, such as a mortgage, in accordance with statutory rules and the court’s directions. Until someone is appointed by the probate court and receives letters testamentary or letters of administration, there is generally no court-authorized person with full authority to act for the estate.

Key legal distinctions to check immediately:

• Joint accounts with right of survivorship or a POD (payable-on-death) designation usually transfer directly and avoid probate. If the account is joint or POD, the funds may belong to the surviving joint owner or payee, not the estate.
• If the account is in the decedent’s sole name and your sibling is not the appointed personal representative, withdrawals or transfers are typically estate property and may be wrongful.
• Banks often require a certified death certificate and letters testamentary before they honor requests to dispose of estate assets; if a bank released funds without requiring these, that may be relevant evidence.

Practical steps and legal options in Utah:

1. Preserve evidence. Collect bank statements, transaction records showing the withdrawals or mortgage payments, death certificate, mortgage payoff or balance statements, and any communications from your sibling or the bank.
2. Contact the bank and mortgage company. Ask the bank why funds were disbursed and whether the account is marked joint or POD. Request that the bank preserve records and place a hold on further disbursements pending probate or a court order. Ask the mortgage company for account status and whether they accepted payments from your sibling and whether those payments were credited.
3. Consider immediate court options. You can petition the probate court in the county where your parent lived to open an estate and to appoint a personal representative. If you fear dissipation of estate assets, Utah courts can grant emergency or temporary relief (for example, an expedited appointment or an order freezing assets) while the estate is opened. The Utah Courts provide probate procedure information at: https://www.utcourts.gov/howto/probate/ and Utah’s probate statutes are in Title 75 of the Utah Code: https://le.utah.gov/xcode/Title75/75.html.
4. Demand an accounting or file a civil claim if necessary. If funds were taken improperly, you may have civil claims such as conversion (wrongful possession of property), unjust enrichment, or a claim for an accounting. A probate court action can also compel a sibling who has handled estate funds to provide a full accounting.
5. Seek appointment as personal representative or support another candidate. If you want to control estate administration, you can petition to be appointed. If the sibling has already petitioned, you can contest that appointment in probate court if you have grounds (e.g., misconduct, conflict of interest, or unsuitability).
6. Talk to an attorney promptly. An attorney experienced in Utah probate and estate litigation can advise you on the best path: a petition for emergency appointment, a request to freeze assets, or a civil suit. If immediate harm is occurring, counsel can file emergency motions with the probate court quickly.

Practical examples (hypothetical):

• Example 1: The decedent’s bank account was only in the decedent’s name. After death, a sibling withdrew $10,000 and used it to pay the mortgage. The sibling has not been appointed administrator. You can ask the probate court to open the estate, request a temporary freeze on the remaining account funds, and seek an accounting and recovery of any wrongful withdrawals.
• Example 2: The account was a joint account with right of survivorship. The surviving joint owner (your sibling) is generally entitled to the funds without probate; your legal options will be limited unless you can show the joint-account designation was fraudulent or inappropriate.

Timing and realistic expectations

Probate procedures and court relief can move quickly on emergency motions, but they still require filing documents and sometimes hearings. The sooner you act to preserve evidence and notify the court and institutions involved, the better your chance of preventing loss of estate assets.

Relevant Utah resources

• Utah Courts — probate forms and how-to: https://www.utcourts.gov/howto/probate/
• Utah Code, Title 75 (Estates and Protected Individuals – Utah’s probate statutes): https://le.utah.gov/xcode/Title75/75.html

Bottom line: If the account is not jointly owned or payable-on-death, your sibling generally lacks authority to use estate funds before appointment as personal representative. You can and should act promptly — contact the bank and mortgage company, preserve evidence, and file with the probate court to protect the estate. Consulting a Utah probate attorney will help you decide whether to seek immediate court intervention.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney–client relationship. For advice about your specific situation in Utah, consult a licensed attorney.

Helpful Hints

• Check account title first: joint accounts and POD accounts behave differently than sole-name accounts.
• Ask the bank to preserve records and to require letters testamentary before releasing funds.
• Gather clear evidence: death certificate, bank statements, withdrawal records, mortgage statements, and any written communications.
• File to open probate promptly if the estate’s assets must be protected or distributed.
• If an immediate threat exists, ask the probate court for emergency relief (temporary freeze or expedited appointment).
• Consider mediation if family relationships matter and the facts are disputed; but prioritize evidence preservation and court filings if theft or dissipation is occurring.
• Consult a Utah probate attorney early to evaluate claims such as conversion, unjust enrichment, or accounting obligations.
• Use Utah Courts resources for forms and procedural guidance: https://www.utcourts.gov/howto/probate/